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The Fair Work Commission has ordered the reinstatement of an employee who was sacked while facing criminal charges, finding his employer "confected" allegations while he was absent.

The EQ Constructions employee claimed his dismissal in November last year for serious misconduct was unfair and sought reinstatement, however the employer didn't respond to his application, so the Commission determined the matter "on the papers".

It heard that in August, the employee started catching public transport to work after his driver's licence was suspended, and that while he was sometimes late, he was never cautioned about this...